England and Wales High Court of Justice

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Vousden, R (on the application of) v Special Adjudicator Secretary of State for the Home Department & Anor, Court of Appeal - Administrative Court, January 28, 2003, [2003] EWHC 123 (Admin)

SMITH BERNAL WORDWAVE
CO/3357/2002
Neutral Citation Number: [2003] EWHC 123 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Tuesday, 28 January 2003
B E F O R E:
MR JUSTICE HOOP...
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C & Anor, R (on the application of) v Sheffield Youth Court & Anor, Court of Appeal - Administrative Court, January 23, 2003, [2003] EWHC 35 (Admin)

Case Nos: CO/3871/2002 and CO/3876/2002

Neutral Citation No.: [2003] EWHC 35 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand,
London, WC2A 2LL

Thursday 23 January 2003
Before:

THE HONOURABLE MR JUSTICE STANLEY BURNTON
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(Transcript of the Handed Down Judgment of
Smith Bernal Wordwave Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
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Stephen Simblet and Emma Favata (instructed by Howells) for the Claimants in each case.
Stephen John (instructed by the Director of Public Prosecutions)
for the Interested Party in each case.
The Defendant Court did not appear and was not represented.
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JudgmentMr Justice Stanley Burnton:

Introduction
1. I have before me applications for orders to quash decisions of the Sheffield Youth Court made in July of this year committing the Claimants, all of whom are aged 14, for trial to the Crown Court on charges of robbery and attempted robbery. There have been a number of such applications during the course of this year. Mr John, on behalf of the CPS, submits that there are conflicting decisions of the High Court on two questions:
(a) the matters to be taken into account by the Youth Court when making its decision under section 24(1) of the Magistrates' Courts Act 1980 as amended (`the MCA'); and
(b) the test to be applied by the High Court on an application for the judicial review of such a decision. 2. Mr John submitted that the only matter to be taken into account by the Youth Court in deciding on venue under section 24(1) is the appropriate sentence for the defendant before it: does it consider that if found guilty it ought to be possible to sentence him pursuant to section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (`PCCSA'). As I understood him, Mr Simblet submitted that the Youth Court could and should take other matters into account, and in particular the unsuitability of the Crown Court for the trial of young persons. On issue (b), Mr John submitted that the High Court could only interfere with a decision of the Youth Court if it were Wednesbury unreasonable: i.e., if the traditional judicial review test were satisfied. Mr Simblet submitted that it was sufficient for the High Court to conclude that the decision of the Youth Court was wrong. On both these issues, Mr John submitted that the more recent decisions of the High Court, in the Manchester, Thetford and Southampton cases, to which I refer below, were made in ignorance of previous inconsistent decisions in Cushion and Devizes; that the more recent decisions are wrong, and that I should therefore follow the earlier decisions. Mr Simblet, for the C...
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E, R (on the application of) v Leeds Youth Court Justices & Anor, Court of Appeal - Administrative Court, January 31, 2003, [2003] EWHC 173 (Admin)

SMITH BERNAL WORDWAVE
CO/4152/2002
Neutral Citation Number: [2003] EWHC 173 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Royal Courts of Justice
Strand
London WC2

Friday, 31 January 2003
B E F O R E:

LORD JUSTICE CLARKE

MR JUSTICE JACK

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THE QUEEN ON THE APPLICATION OF E
(BY HIS FATHER AS LITIGATION FRIEND)
(CLAIMANT)

-v-

LEEDS YOUTH COURT JUSTICES
(DEFENDANT)
CROWN PROSECUTION SERVICE (INTERESTED ...
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Cunningham v Exeter Crown Court, Court of Appeal - Administrative Court, January 28, 2003, [2003] EWHC 184 (Admin)

SMITH BERNAL WORDWAVE
CO/3092/2002
Neutral Citation Number: [2003] EWHC 184 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Royal Courts of Justice
Strand
London WC2

Tuesday, 28 January 2003
B E F O R E:

LORD JUSTICE CLARKE

MR JUSTICE JACK

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PATRICK JAMES ALEXANDER CUNNINGHAM
(CLAIMANT)

-v-

EXETER CROWN COURT
(DEFENDANT)
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Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
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MR KERRY BARKER (instructed by Crosse & Crosse, Exeter EX4 3PU) appeared on behalf of the CLAIMANT
THE DEFENDANT WAS NOT REPRESENTED
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J U D G M E N T
(As Approved by the Court)
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Crown copyright©
Tuesday, 28 February 2003
Judgment
1. LORD JUSTICE CLARKE: This is an application for judicial review of a decision of the Crown Court at Exeter. On 28 November 2001, the Magistrates' Court at Exeter fined the claimant, Patrick Cunningham, £15,000 for an offence of knowing that a place in respect of which a public entertainments licence
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Ratnam, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, January 30, 2003, [2003] EWHC 398 (Admin)

SMITH BERNAL WORDWAVE
CO/1568/2002
Neutral Citation Number: [2003] EWHC 398 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Thursday, 30 January 2003
B E F O R E:

MR JUSTICE JACKSON

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THE QUEEN ON THE APPLICATION OF SIVASORUBA RATNAM
(CLAIMANT)

-v-

SECRETARY OF STATE FOR THE HOME DEPARTMENT
(DEFENDANT)
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Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
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MS S JEGARAJAH (instructed by M.K Sri & Co, Middle*** HA1 2TN) appeared on behalf of the CLAIMANT
MISS K STERN (instructed by Treasury Solicitor, London SW1H 9JS) appeared on behalf of the DEFENDANT
Thursday, 30 January 2002.
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J U D G M E N T
1. MR JUSTICE JACKSON: My judgment in this claim for judicial review falls into four parts. Part 1: the facts. Part 2: the present proceedings. Part 3: the law. Part 4: conclusion.
Part 1: The Facts 2. The claimant is a 36 year-old citizen of Sri Lanka of Tamil origin. She arrived in the United Kingdom on 27 Apri...
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Das, R (on the application of) v General Medical Council, Court of Appeal - Administrative Court, January 24, 2003, [2003] EWHC 132 (Admin)

SMITH BERNAL WORDWAVE
CO/4624/2002
Neutral Citation Number: [2003] EWHC 132 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Friday, 24th January 2003
B E F O R E:

MR JUSTICE ELIAS

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THE QUEEN ON THE APPLICATION OF DAS
(CLAIMANT)

-v-

GENERAL MEDICAL COUNCIL
(DEFENDANT)
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Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 020 7404 1400 Fax No: 020 7831 8838 (Official Shortha...
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North Devon District Council v First Secretary of State, Court of Appeal - Administrative Court, January 30, 2003, [2003] EWHC 157 (Admin)

SMITH BERNAL WORDWAVE
CO/4245/02
Neutral Citation Number: [2003] EWHC 157 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Thursday, 30 January 2003
B E F O R E:

MR JUSTICE COLLINS

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NORTH DEVON DISTRICT COUNCIL
(CLAIMANT)

-v-

THE FIRST SECRETARY OF STATE
(DEFENDANT)
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Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
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MR DH FLETCHER (instructed by North Devon District Council, Civic Centre, Barnstaple, Devon EX31 1EA) appeared on behalf of the CLAIMANT
MR M GIBBONS (instructed by Treasury Solicitors) appeared on behalf of the DEFENDANT
- - - - - - - J U D G M E N T1. MR JUSTICE COLLINS: This appeal raises a short but not at all easy point of construction of two classes set out in the Use Classes Order of 1987. The two classes are contained in Part C and are: Class C2, which is headed "residential institutions", and Class C3 which is headed "dwelling houses". The question is whether the situation in this case fell within C2 or C3. There is a subsidiary question relating to whether even if it was within C2, nonetheless there was a material change of use from its C3 use as a dw...
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Chief Constable of Lancashire v Potter, Court of Appeal - Administrative Court, January 24, 2003, [2003] EWHC 74 (Admin)

SMITH BERNAL WORDWAVE
CO/5152/2002
Neutral Citation Number: [2003] EWHC 74 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Royal Courts of Justice
Strand
London WC2

Friday, 24 January 2003
B E F O R E:

LORD JUSTICE CLARKE

MR JUSTICE JACK

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CHIEF CONSTABLE OF LANCASHIRE
(CLAIMANT)

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LISA POTTER
(DEFENDANT) - - - - - - -
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Hayes, R (on the application of) v Chelmsford Crown Court, Court of Appeal - Administrative Court, January 22, 2003, [2003] EWHC 73 (Admin)

SMITH BERNAL WORDWAVE
CO/4830/2002
Neutral Citation Number: [2003] EWHC 73 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Wednesday, 22 January 2003
B E F O R E:

MR JUSTICE HENRIQUES

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THE QUEEN ON THE APPLICATION OF SEAN HAYES
(APPELLANT)

-v-

CHELMSFORD CROWN COURT
(RESPONDENT)
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Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
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MISS C GARDINER (instructed by Harris, Clifford and Nichols, Es***) appeared on behalf of the APPELLANT
MR R OVERBURY (instructed by Es*** Crown Prosecution Service) appeared on behalf of the RESPONDENT
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J U D G M E N T
(As Approved by the Court)
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Crown copyright©
Wednesday, 22 January 2003 1. MR JUSTICE HENRIQUES
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Grant v Director of Public Prosecutions, Court of Appeal - Administrative Court, January 22, 2003, [2003] EWHC 130 (Admin)

SMITH BERNAL WORDWAVE
CO/2634/2002
Neutral Citation Number: [2003] EWHC 130 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Royal Courts of Justice
Strand
London WC2

Wednesday, 22nd January 2003
B E F O R E:

LORD JUSTICE CLARKE

MR JUSTICE JACK

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GRANT
(CLAIMANT)

-v-

DIRECTOR OF PUBLIC PROSECUTIONS
(DEFENDANT)
- - - - - - -
Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
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MR N LEY (instructed by Linn & Associates, Harwich) appeared on behalf of the CLAIMANT
MR J CAUDLE (instructed by CPS Es***, Chelmsford) appeared on behalf of the DEFENDANT
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J U D G M E N T
(As approved by the Court)
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Crown copyright©
Wednesday, 22nd January 2002
LORD JUSTICE CLARKE:
Introduction
1. On 31 October 2001 the appellant, Steven Grant, was convicted by a District Judge sitting in the South East Es*** Magistrates' Court at Southend of failing without reasonable excuse to provide a specimen of breath contrary to section 6(4) of the Road Traffic Act 1988 ("the 1988 Act") and of driving while the proportion of alcohol in his blood exceeded the prescribed limit contrary to section 5(1)(a) of the 1988 Act. The offences occurred on 10th April 2001 at Boreham in Es***. 2. The proportion of alcohol in the appellant's breath was 58 micrograms of alcohol in 100 millilitres of breath. He was fined £100 and his licence was endorsed for the first offence and he was fined £600, ordered to pay £750 costs and disqualif...
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